Commerce Act (Fees) Regulations 1990

Reprint
as at 21 December 1990

Coat of Arms of New Zealand

Commerce Act (Fees) Regulations 1990

(SR 1990/356)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 17th day of December 1990

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Ministry of Economic Development.

Pursuant to section 108 of the Commerce Act 1986, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement

  • (1) These regulations may be cited as the Commerce Act (Fees) Regulations 1990.

    (2) These regulations shall come into force on 1 January 1991.

2 Fees prescribed for purposes of Commerce Act 1986

  • Subject to regulation 3, for the purposes of the Commerce Act 1986, the fees set out below shall be payable in respect of the following matters:

    • (a) for an application under section 58 of the Act, a fee of $11,250:

    • (b) for giving a notice under section 66(1) of the Act, a fee of $2,250:

    • (c) for giving a notice under section 67(1) of the Act, a fee of $22,500:

    • (d) for an application under section 70(1) of the Act, a fee of $22,500.

3 Refunds

  • (1) The Commerce Commission is authorised in its discretion, to refund $20,250 of the prescribed fee paid by a person who gives a notice under section 67(1) of the Commerce Act 1986 in any case where the Commission gives a clearance under that section.

    (2) The Commerce Commission is authorised to refund $20,250 of the prescribed fee paid by a person who applies under section 70(1) of the Commerce Act 1986 in any case where a written undertaking is obtained or accepted from that person in accordance with section 72 of the Act.

4 Goods and services tax

  • The fees prescribed by these regulations are inclusive of goods and services tax.

5 Revocation

  • The Commerce Act (Fees) Regulations 1989 (SR 1989/168) are hereby consequentially revoked.

Marie Shroff,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 January 1991, prescribe the fees payable for applications under the Commerce Act 1986.

The fee for an application under section 58 of that Act for authorisation of a restrictive trade practice is increased from $5,085 to $11,250. The fee for a notice under section 66(1) of that Act seeking a clearance of a business acquisition is fixed at $2,250. The fee for a notice under section 67(1) of that Act seeking an authorisation of a business acquisition is fixed at $22,500. The Commerce Commission is given power to refund $20,250 of the prescribed fee paid by a person who gives such a notice in any case where the Commission gives a clearance under that section. Under the Commerce Act (Fees) Regulations 1989 a fee of $5,085 was payable in the case of notices under section 66(1) of the Act seeking a clearance of a merger or takeover proposal whether or not the Commission gave a clearance or granted an authorisation. The fee for an application under section 70(1) of that Act to authorise a price for controlled goods or services is increased from $5,085 to $22,500. The Commerce Commission is given power to refund $20,250 of the prescribed fee paid by a person who makes such an application in any case where a written undertaking is obtained or accepted from that person in accordance with section 72 of the Act.

The fees are inclusive of goods and services tax.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 December 1990.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Commerce Act (Fees) Regulations 1990. The reprint incorporates all the amendments to the regulations as at 21 December 1990, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)